Safety failing over workers killed by falling wall

Peter Walker, left, and James Henderson died when the wall collapsed

A groundworks firm has admitted safety failings that led to two workers being crushed to death by a wall that collapsed on top of them.

Peter Walker, 53, and James Henderson, 48, were digging a trench as part of works to stabilise the 200-year-old sandstone wall at a farm in West Lothian when it fell down in May 2019.

Stirling Sheriff Court heard they were killed instantly when they were buried beneath 50 tonnes of rubble, while two other workers were seriously injured.

Contractors Fernbrooke admitted failing to ensure the men's safety, and will be sentenced at a later date.

The men were working at Myrehead Farm, between Linlithgow and Falkirk, to prepare the site for a housing development.

A 200-year-old milking byre had been taken down, but one wall remained and was to be underpinned to make it safe.

Mr Walker, from Blackburn, and Mr Henderson, from Grangemouth, were using picks and shovels to dig a trench, into which steel cages filled with stones were to be installed.

As they were digging, the 9ft (2.74m) wall "suddenly split in the middle horizontally", causing sandstone blocks, rubble and lime mortar to fall on top of them.

The court heard that a heat detection device was used to locate Mr Walker, but he had suffered a catastrophic brain injury which was said to be "incompatible with life".

Mr Henderson was declared dead at the scene, from crush injuries, despite the efforts of paramedics.

Another man, David McNeil, then 36, was also injured, spending 10 days in hospital with a fractured spine. He now has mobility issues and has not worked since.

Charles Johnstone, a 21-year-old student who was working in the holidays, took 14 months to recover from injuries including a broken leg, facial scarring and several fractured ribs.

Emergency services were called to Myrehead Farm in May 2019

Prosecutor Catherine Fraser said investigations by a Health and Safety Executive inspector found no evidence that temporary supports or shoring had been used.

No proper consulting engineer was supervising the process, and the underpinning had been done in an unsafe manner which contributed to the wall's collapse, the court heard.

Blackburn-based Fernbrooke Scotland LLP - run by Kevin Dolan, of Avonbridge near Falkirk - pled guilty to failing to ensure the safety of the men.

The company admitted omitting to check the condition of the wall, and in particular its foundations, prior to starting the work.

Peter Gray KC, defending, said Fernbrooke had settled all civil claims relating to the tragedy and took its responsibilities "very seriously".

He said the incident was "a matter of the greatest concern and genuine regret" and he offered the firm's deepest sympathies to the men's families.

He said Fernbrooke had now stopped undertaking any similar type of work.

Sheriff Keith O'Mahony deferred sentence until 31January to consider the penalty the firm should face.